Background
I am a Kenyan Citizen aged 36 years and have been employed at Egerton University, Njoro, Kenya since 1997 as a computer programmer attached to finance department. I have a Bachelor of Science degree from the same University. As a programmer I bumped into a suspicious piece of program code that was used to wire out money through the payroll but had no safe ways to confide this to anyone until the new government came in 2002. I had to wait though, until 2004, when I was convinced that the Government was serious enough in the fight against corruption and it was indeed safe for me and my family.

My lawyer tells me there is no subjudice issues when the aim is only to lay the facts bare. The case is questioning wether KACC took the right steps or not and if not they be compelled to take action. Prejudice issues can only arise when we argue in a way that may influence the decision of the court. I can provide a summary of the application. We need bold steps here that will overcome the fears of prejudice and meet the higher goal of public interest. We filed the case in the high court on the 27th june 2006 and since then we have only had two mentions, the next one will be on 25th Oct 2007.

One Dr Gitile Naituli (A senior Lecturer at the University) joins us in the process.

• Nov 18th 2004, I got confidential information that my letter of complaint to KACC has been leaked to the University.

• Dec 1st 2004, we sought attention from the office of the then PS, Ethics and Governance, Mr. John Githongo on the matter and provide irrefutable evidence on a spot incident of the alleged fraud in the month of October. The PS marks our complaint as urgent, calls and then sends us to KACC officers. We then delivered a copy of the protest note to one Mr. Yasin Ismahil (Principal Analysts) and Col (Rtd) Kariuki (In charge Protection Services) of KACC. The officers regretted the delay in investigations and the leakage and not only apologized to us but promised action. They however confided that they were still new in office and were therefore to refer the matter to other arms of government for preliminary investigation. They later called to inform us that the cause of the leak was a former Egerton University Employee then attached to KACC! and that disciplinary action was being taken.

• Dec 6th -12th 2004, 3 junior clerks and In charge of Computer Payroll Section were arrested and charged with ‘stealing ’ Ksh 50 Million. A clear getaway plan as they are not directly responsible in committing the sums that was being wired out. No corruption charges preferred!

• December 14th 2007 or thereabout, The then University Vice Chancellor Prof Maritim, ‘praises’ leakage and ‘promises’ a ‘thorough investigation and rewards’ to ‘those who volunteered information’. Later on in a public memo he denies presence of ‘ghost’ workers and fees scandals.

• Jan 2005, The DVC A&F, Prof James Tuitoek, writes confidentially to encourage me to feel free to forward any other information on corruption( which I did and ) to himself the, the Vice Chancellor , The Criminal Investigation Department(CID,) KACC or any arm of government.

• Jan 2005, information I confided to the DVC Administration and Finance Prof James Tuitoek on misappropriation of fees monies leaks out to University community and fuels rumors of my possible sacking and/or elimination. Strange people would call my friends and family to inform me that I was treading on dangerous grounds.

• February 2005 a team composed of officers from the government Efficiency Monitoring Unit (EMU) and KACC visits the university and compiles a report recommending thorough investigation.

• April 2005, the university management, summons me to explain why I am leaking ‘false information’ to the press and KACC. No minutes of this meeting was taken and neither was any letter written to enforce the warnings given in the meeting.
• April/May 2005, The DVC A&F single sources a private company Ernest and Young to ‘investigate’ the payroll fraud.

• July 22, 2005, the three of us were transferred to an outpost campus 200 Km away (Kisii Campus) and placed directly under Dr. Cynthia Kipchilat, the person we had cited in our report in the scandal. This was meant to intimidate and harass us.

• Dec 2005, Prof J.K Tuitoek is elevated to the CEO position as Vice Chancellor despite not meeting the minimum qualification advertised. (See his CV and advertisement for Vice Chancellor position)! It is rumored that the former president intervened in the placement.

• June 27th 2006, Mr. Kiptoo and Mr. Keneth Ntongondu move to the High Court to seek a judicial review on the matter.

• October 2006, Dr Gitile Naituli is suspended and faces disciplinary action for failing to teach and participating on an illegal strike despite him not being a member of UASU.

• November 2006, the university interdicts 25employees for participating in payroll fraud. The amount involved is not made public.

• Nov 27th 2006, the University council clears Dr. Naituli of any wrong doing. The VC however writes a ‘final’ warning letter to him and ‘finds him guilty of all charges leveled against him’. The minutes of the council indicates otherwise. Dr Naituli protests, issues a comprehensive press statement and seeks legal redress. He has since been sacked

• January 2007, March 2007, CID officers raid my house and confiscate computers and documents. I was later released but wrote a statement on whether I was’ threatening’ to ‘kill’ the vice chancellor Prof. James Tuitoek!

• April 2007 The Deputy Vice Chancellor in charge Administration and Finance issues a memo alerting University employees to beware of ongoing payroll fraud and ghost workers.

• May 2007 a suspicious payment is made to me through the payroll for the month ending Aprill 2007.

List of Government officers who have communication on this matter to date;